5 Gedanken zu „Stoppe Gewalt gegen Frauen“

Situation in India regarding men’s rights is unfortunately very serious and alarming. We are a group of Indian husbands who are facing cases under section 498a of Indian Penal Code (mental or physical cruelty to wife). Most of us are working as engineers and Doctors in region EU. Each year around 90,000 cases are filed under this section. Since no evidence is required, no medical report is compulsory the misuse of this law has crossed all limits. A case under 498a can only be filed by a wife anytime after marriage or even after divorce and the allegations can be as old as 20 years.

Under 498a, an accused in presumed guilty until proven innocent and the burden of proving his innocence is on him and his family. The offense is cognizable, non-compoundable and non-bailable and since there is no punishment for filing a false case, the misuse of this act is so rampant that Supreme Court of India has declared this law as “Legal Terrorism[1]”.

Minors and children who are related to the husband as nephew or niece have been arrested under this act on a mere complaint of wife. The youngest person arrested was merely 2 months old[2]. No one is spared, be it be parents or grandparents, aged or bedridden, kid or infant. All it needs is a small complaint on A4 paper by a wife and she is free to write any name she thinks accusing her and police has to arrest everyone immediately.

As you may also follow from [1] that in 85% of the cases filed, the accused is able to prove his innocence. The acquittal rate is as high as 98%, in the cases where 498a is used alone, but husband and his parents, siblings, relatives are still arrested and spend days to weeks to months in jail prior to investigation. In 2014, disappointed by the inaction of Government, the Supreme Court of India stepped in again to reduce the misuse by stopping immediate arrest in such cases[3]. But, as you may know that courts do not make laws and police is not bound to follow judgements but laws. The situation has gone so worse that in Delhi for mothers and sisters of husband, Tihar jail has to be used for keeping them there when they are arrested [4], this is the jail where usually terrorists and Indian’s most wanted criminals are kept.

Few countries including USA and Canada have already issued travel warnings due to misuse of dowry harassment law [5].
The male suicide is on rise and is mostly due to 498a.

According to the data published by NCRB, 64,000 married men in India committed suicide in 2013. 24% out of which due to family problems due to 498a as we assert. Some of the examples you may find in [6], which also includes disturbing suicide video of Mr. Syed Makdoom who was oppressed, blackmailed, and extorted in the name of 498a. There are 48 such laws that are women and wife biased. 498a is worst of them.

In most of our cases the wives were not successful in filing a complaint of domestic violence in a European state, flew back to India and filed multiple cases there. Indian courts who had no jurisdiction on domestic residence of couple who were living abroad, still took cognizance of such complaints. Our parents and siblings who were not even living with us abroad have been named under 498a and have been arrested.

In such a situation husbands living abroad go to India to fight fake cases. They are arrested at airport and spend days in jail without any investigation being done. Courts impound our passports and we lose our jobs. We usually pay heavy sum to wife to get the cases closed. If we decide to fight then we have to stay in India for years without a job as criminals before trial.

There are husbands who decide not to visit India. In such cases RCN (Red Corner Notice) were issued by Indian police through Interpol, which is usually served to hard core criminals. Since 2009 Interpol was entertaining such notices and extraditing Indian husbands with cases under 498a. But seeing the non-seriousness of cases, they stopped it in 2009 [7]

The purpose of filing such cases is either money or revenge. If husband, his family, and relatives are arrested, he lives under fear of losing job, then most of them give up. 498a is not the only law which a husband has to face. It comes in a packed wrapped with:
– CrPC 125: Pay regular monthly maintenance to wife. This can be up to 20% of before tax salary. If husband loses his job, it’s his problem because status of the wife should be same as during time when both were living together. Wife is not liable to maintain anyone.
– Child support: Upto 20% of salary per child
– DV act of 2005: 20% salary monthly + compensation to wife
– Hindu Marriage Act: Permanent alimony upto 50% of all assets of husband including property acquired before or after marriage
And yes, she can file multiple claims under different acts using same complaint.

In year 2013, around 200,000 husbands including their parents, mothers, sisters, husband of sisters, brothers, wives of brothers, relative, nephews and niece were arrested under 498a. This included around 450 children. One forth of arrested were women. Irony, that the law was framed to protect women.

There are thousands of Indian husbands living abroad but can not visit their country due to 498a. Even when their parents need them the most when they are ill or when they pass away, such husbands can’t visit India. Such husbands also lose their children when wives take them to India.

I would like to ask you if there is any possibility that you may write a blog for us? We want to create awareness about men’s rights in India. It is one of the safest country for women, but unfortunately portrayed as worst one. I can supply all the material to you. Amongst us are some husbands living in Germany. They too can contact you if need be.

[5]: Travel Advisory by Canadahttp://travel.gc.ca/destinations/india (see laws and culture)
Travel Advisory USA (earlier text, now removed)
A number of U.S.-citizen men who have come to India to marry Indian nationals have been arrested and charged with crimes related to dowry extraction. Many of the charges stem from the U.S. citizen’s inability to provide an immigrant visa for his prospective spouse to travel immediately to the United States. The courts sometimes order the U.S. citizen to pay large sums of money to his spouse in exchange for the dismissal of charges. The courts normally confiscate the American’s passport, and he must remain in India until the case has been settled. There are also cases of U.S.-citizen women of Indian descent whose families force them against their will into marriages to Indian nationals.